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City Council

Regular Meeting

Palm Coast, FL · February 15, 2022

AgendaMinutes

Minutes

City of Palm Coast City Hall 160 Lake Avenue Minutes Palm Coast, FL 32164 www.palmcoastgov.com COUNCIL BUSINESS MEETING Mayor David Alfin Vice Mayor Eddie Branquinho Council Member Victor Barbosa Council Member Ed Danko Council Member Nick Klufas Tuesday, February 15, 2022 9:00 AM COMMUNITY WING City Staff Denise Bevan, Interim City Manager Neysa Borkert, City Attorney Virginia A. Smith, City Clerk • Public Participation shall be in accordance with Section 286.0114 Florida Statutes. • Other matters of concern may be discussed as determined by City Council. • If you wish to obtain more information regarding the City Council’s agenda, please contact the City Clerk's Office at 386-986- 3713. • In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting. • City Council Meetings are streamed live on YouTube at https://www.youtube.com/user/PalmCoastGovTV/live. • All pagers and cell phones are to remain OFF while City Council is in session. CALL TO ORDER Mayor Alfin called the meeting to order at 9 a.m. PLEDGE OF ALLEGIANCE TO THE FLAG ROLL CALL Deputy City Clerk Kaley Cook called the roll. All members were present. PUBLIC PARTICIPATION Public Participation shall be held in accordance with Section 286.0114 Florida Statutes. And pursuant to the City Council’s Meeting Policies and Procedures: (1) Each speaker shall at the podium, provide their name and may speak for up to 3 minutes. (2) The Public may provide comments to the City Council relative to matters not on the agenda at the times indicated in this Agenda. Following any comments from the public, there may be discussion by the City Council. (3) When addressing the City Council on specific, enumerated Agenda items, speakers shall: (a) direct all comments to the Mayor; (b) make their comments concise and to the point; (c) not speak more than once on the same subject; (d) not, by speech or otherwise, delay or interrupt the proceedings or the peace of the City Council; (e) obey the orders of the Mayor or the City Council; and (f) not make any irrelevant, impertinent or slanderous comments while addressing the City Council; which pursuant to Council rules, shall be considered disorderly. (4) Any person who becomes disorderly or who fails to confine his or her comments to the identified subject or business, shall be cautioned by the Mayor and thereafter must conclude his or her remarks on the subject within the remaining designated time limit. Any speaker failing to comply, as cautioned, shall be barred from making any additional comments during the meeting and may be removed, as necessary, for the remainder of the meeting. Before public comment began, Mayor Alfin shared comments encouraging respectful dialogue and provided the rules for public comment. Council Member Barbosa made a motion to redirect staff to continue negotiations with the Green Lion to include a change that they pay for the propane. Council held discussion on the proposed negotiated terms that staff presented. Mayor Alfin responded to Council Member Barbosa to hold the thought until we complete public comment. Council Member Barbosa agreed. John Ferguson, of Cobb & Cole, spoke on behalf of the Marlow family. Mr. Ferguson commented on Council statements from the prior week’s workshop meeting, history of the Green Lion, business risk, investments to the facility, and contract provisions. Robert MacDonald shared about a Tunnel to Towers event which will occur in Palm Coast. Mr. MacDonald shared that the Tunnel to Towers event occurs all over the country and the proceeds are donated to first responders. Mayor Alfin shared comments and support for the event. Carolyn Marlow spoke about the Green Lion. Ms. Marlow stated that City staff asked the Marlow failing to take over a failing concession. Ms. Marlow shared that at the time, this was a good idea for the City and all of the risk was on the family opening the restaurant. Additionally, Ms. Marlow discussed the conditions of the facility, investments, and hardships faced while opening. Tony Marlow shared Council statements regarding the Green Lion from the prior week’s Council Workshop. Mr. Marlow responded to the Council comments and stated that City staff appeared to be in the kitchen of the restaurant taking measurements. Mr. Marlow provided photos of the Green Lion Café to the clerk which have been attached to these minutes. Mr. Marlow shared comments from Mr. Delorenzo and shared about the City financial losses prior to Green Lion taking over the restaurant. The photos are what the restaurant used to look like when the City asked for help. We created the value there. We are open and willing to pay what is fair. There is a better way to do this. We can find a way to work together and move forward. Robert Roeck shared support for the Green Lion Café. The voice of the community makes it clear that the existence of the restaurant is a priority amongst all. The risk that they took and investments that they have made benefit all of Palm Coast. Both the golf course and the restaurant are working harmoniously together. Why would you want to disrupt that? Represent the voices of the people that elected you in honesty and fairness. There are other concerns to focus on. Linda Provencher shared about hesitations years ago when the Marlow’s discussed opening the Green Lion and the many hurdles they had to overcome. They were able to make it is the #1 restaurant in Palm Coast on Trip Advisor. I’m not sure how it is allowed that this Council could tell staff during a Workshop to put it out for bid without even talking to the leasee. Tim Griffin asked how we got to the point where the City of Palm Coast would not renew the lease on the #1 restaurant on Trip Advisor, Green Lion. Mr. Griffin shared a year by year history of the Green Lion and commented on the Council and staff discussion of the item during the Workshop meeting. Mr. Griffin suggested a fair lease be prepared because that is what our community wants and deserves. Scott Nixon stated that Council owes an apology to the Marlow family and the community. Infuriated by the crass, rude, slanderous comments that have been made against this family. Sonia Mcsweeney provided photos to Council which have been attached to these minutes. Ms. Mcsweeney shared about the obstacles the Green Lion has overcome to include multiple closings over the years, safety concerns, obstructions, and inadequate amount of hot water. Cornelia Downing Manfre provided real estate costs per square foot and the considerations that go into the pricing. Ms. Manfre stated that the lease discussed is a concession lease, not a real estate lease, and therefore market value would review concession areas. Ms. Manfre asked that Council reconsider the 5 year renewal with the Green Lion. Janice Reed discussed the lease at the Palm Harbor Golf Course and provided cost-split suggestions for utilities. This isn't even a building lease, it is a concession lease. Who writes and manages these contracts? A resident shared support for the Marlow Family, generous family. Shared examples of donations that the family has made. Pillars of our community. Jane Pierce spoke about a video at Holland Park and shared that she has received comments that small dogs cannot go on a specific side of the park. Ms. Pierce asked the City to consider changing the sign. Jerry Matthews discussed property value, improvements from the Green Lion, and sales tax earned on sales. Seek an equitable solution, keep a number one restaurant, and speak to the owners and come up with a solution that we can all live with. James Janoff shared that he is disappointed that his presence is necessary today. Disappointed that Council cannot create a lease. No one even entered the bid. You did not get where you are alone. Are you unable to realize the value? Take into consideration that a new business might not succeed. Find common ground and negotiate fairly. Richard Van Dort asked Council to please honor Mr. Delorenzo's suggestion to renew the lease. Mike Cocchiola commented on the Shirley Chisholm application for renaming a trail- We have the chance to honor a great American. Additionally, Mr. Cocchiola stated that we are growing a habit of making a deal in good faith, a few changes in Council, and we forget. Are we showing people that our word cannot be trusted? Mr. Cocchiola urged Council to be consistent. Celia Pugliese discussed an email she sent to Council, one of which is on the agenda. Ms. Pugliese asked Council to come to a happy medium with the restaurant on the golf course- we need to support the businesses we have here. Additionally, Ms. Pugliese commented on renovations on Whiteview Parkway and asked why the beautiful parkway and sidewalk are being destroyed. There are other priorities such as Cimmaron and Florida Park Drive. Alan Lowe spoke about the Green Lion and stated that no history lesson was provided to Council during the staff presentation of the item, leaving Council in a precarious situation. Mr. Lowe shared that he would like to see Council give the City manager direction to determine fair market value, separate utilities, clear direction for staff to draft a new lease, and provide a first right of refusal to Green Lion. Peter Casey shared support for the Marlow family and the Green Lion. Therese Bennett shared that after months of good faith consideration, at a workshop the Marlow’s were told they didn’t need to attend, Council directed staff to go out for proposal. Ms. Bennett asked Council to consider the unusable space while calculating fair market value. David Tiernan resident of Palm Harbor Golf Course, spoke in favor of the Green Lion Restaurant. Mr. Tiernan begged Council to get beneath the surface and understand this is more than a restaurant- this is a place where people come together to enjoy great food and great service. Mr. Tiernan shared about the three parts of the original agreement; The City, the restaurant, and the maintenance agreement. The maintenance agreement coming up is very important. Please listen to what you need. Liz Lowe spoke about the Marlow family and shared that they are a pillar of the community. They help this community. Ms. Lowe shared that she spoke on behalf of individuals who couldn't attend today. Thousands of people speaking out about this on social media. It seems odd to have to ask Council to be fair and communicate. Isn't this what you are supposed to do? Ms. Lowe shared advice to look at the restaurants history and longevity. Resident Diana spoke about the investments the Marlow family and Green Lion Cafe have invested to make this profitable. The resident reminded Council that they were the only one’s willing to gamble to take this project 5 years ago and it is sad how the family has been treated. No other company will bid knowing that they might be treated the same. Spot bidding and establish equitable contract with the Green Lion. Thomas, a resident of the Palm Harbor Golf Course area, spoke about having to leave city limits within previous years for restaurant options, until the Green Lion. The restaurant allows us to stay local and participate in the community. Vincent Liguore spoke about trees/bushes and wildfire mitigation. It is up to the Council to challenge. A resident who is a golfer and member of the Palm Coast Rowing Club shared that she would like for the Green Lion to have the opportunity to renegotiate. We want the reputation that we are business friendly, but the way this issue is being handled does not convey that. Mike Andrews spoke about Palm Coast's reputation of not business friendly. The Green Lion has created 30 jobs and we are risking losing more money trying to find a new business to do what they are doing. They have earned the opportunity to renegotiate terms. Please sit down with them and try to find mutually beneficial terms. Steve Carr spoke about developments and level of service. The City never talks about quality of life for residents in the area of developments. FL Park Drive large amount of traffic 60 feet from homes. What does the traffic dust, fumes, noise do to the residents in the area? Mr. Carr shared information from a study about the health effects over time. Employee at the Green Lion. Glad to work there. I was there when they put two plates down to hold the floor down. What the Marlow's have done there is incredible. Council acting like the facilities are top notch and they are not. Shared safety concerns. What is happening there is a miracle. I hope we can figure this out. Resident Marcus, an employee of the Green Lion spoke in favor of the Green Lion and shared about safety concerns at the City facility. What we are doing there is a miracle. Diana Duel stated that previously people would go to Daytona or St. Augustine for dining options. The Green Lion has brought a relaxing atmosphere and people from other cities to enjoy the atmosphere. Eric Webber discussed policies and Palm Coast vision statement and values. Mr. Webber shared support for the Green Lion and reiterated Mayor Alfin's comments from the beginning of the meeting. You need to look at the value you are putting into your policies. Doug Brown, Owner of Cypress Knoll Golf and Country Club and the restaurant within the golf club. A great golf course brings customers to the restaurant. The main focus of this problem is the golf course not the restaurant. The restaurant did not bring the golf course to where it is today. Revenues at his golf course jumped because of the golf course. This could be avoided if they pay what they are supposed to pay and move on. Craig Garris, General Manager at the Green Lion Café, stated that he feels pride about the relationships they have built over the last 5 years and asked Council to please renegotiate. Scott Campion, owner of Cork & Pint, supports renegotiation with the Green Lion. Mr. Campion stated that a lot of comments he has received are in favor of renegotiation with the Green Lion. Sue Urban supported the Green Lion and shared that she thinks Council made a grave error in their comments. Ms. Urban reminded Council that they are elected officials who are leaders in this community. You are an example. Ms. Urban commended Chief Forte for his leadership. A resident of Palm Coast, and employee of Golden Lion, shared support for the Green Lion and asked Council to please reconsider. Sherri Sanders spoke about community and urged residents to volunteer, organize, and be proud of our City. Ms. Sanders shared support for the Green Lion and also litter cleanup efforts. Danielle Pierro shared support for the Green Lion and asked Council to please consider a discussion to renegotiate. Sarah Wilkins, employee of Green Lion, spoke about 300 customers who were outraged. Beth shared comments supporting Green Lion and asked Council to do the right thing and work this out. Ralph Lightfoot stated that the relationship between the golf course and Green Lion is a win win. Mr. Lightfoot supported renegotiation. Scott Kelp Green Lion Cafe manager shared support for the restaurant. Both sides have already been negotiating, implored Council to negotiate with the Green Lion. Sean Means read about the Green Lion in the newspaper and went to try out the restaurant. Mr. Means shared about the experience and favorable comments he received while talking with golfers. People are having to ask, beg, and plead for you to do the right thing. Mike Jackson provided considerations to Council for the Green Lion contract negotiation. Thomas Humphreys, employee of the Green Lion Café, stated that a town should support business models like this and asked Council to reconsider. David Parker, Kitchen Manager, helped open the Green Lion. It was an undertaking to get this started. Hope that everyone can come to an agreement on the lease agreement. Chris Amberg, everyone has aid what I wanted to say. Green Lion is a staple to this community. Work together and come to an agreement. Mayour Alfin thanked all of the speakers. Mayor Alfin asked for consensus to assign the negotiation of the Green Lion agreement to the next business meeting. Additionally, discuss market rate provided by a professional that would be accelerated to a three year timetable and discontinue the discussion on an RFP, and that the clause for termination by convenience be removed in favor of termination for cause. Council held lengthy discussion on costs incurred by the City, utilities, market rate per square foot, risks, and investments to the facility. Council concurred to move forward with the direction. Mayor Alfin asked if staff has enough information to move forward. Mr. Delorenzo responded that staff has plenty of direction but informed Council that staff will have to go out to bid to receive the market pricing. City Attorney Neysa Borkert clarified the item and direction for staff. Council Member Danko asked the Marlow family to return when this item comes back. Council Member Barbosa responded to a public comment regarding Whiteview Parkway to state that the money for the project was from grants. MINUTES 1 MINUTES OF THE CITY COUNCIL: FEBRUARY 1, 2022 BUSINESS MEETING FEBRUARY 8, 2022 WORKSHOP MEETING Pass Motion made to approve by Council Member Danko and seconded by Council Member Barbosa Approved - 5 - Mayor David Alfin, Vice Mayor Eddie Branquinho, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas PRESENTATIONS AND PROCLAMATIONS 2 PROCLAMATION - FEBRUARY AS RARE DISEASE DAY This item was heard after item 4. Mayor Alfin presented the proclamation. Michael West shared comments and thanked the City for the 6 years of this proclamation. 3 PRESENTATION - MAYOR'S 30/30 Lauren Johnston, Chief of Staff, presented the highlights of the Mayor's 30/30 to Council. Mayor Alfin thanked staff for their dedication, take the responsibility to get out there and get healthy. 4 PRESENTATION-CAREERSOURCE FLAGLER VOLUSIA There was a request to hear this item after the approval of minutes. Council concurred. Robin King presented to Council on the item. Ms. King provided an overview of services and goals, locations throughout Florida, Labor Market Information, rention, upskills employees, generational stresses, partnering with the Palm Coast Flagler Regional Chamber, and new programs. Mayor Alfin thanked Ms. King for the presentation and urged projecting efforts further into the community. Council then moved to item 2. 5 PRESENTATION OF SALTWATER CANAL CONSULTANT SELECTION PROCESS OVERVIEW Carl Cote, Director of Stormwater & Engineering, presented the updates to Council. Topics discussed included focus on residential waterway system, project objectives, Consultant Competitive Negotiation Act description, and process timeline. Council held lengthy discussion to include valuation, ownership and rights, timeline to begin the project, potential to do this project in house, necessary equipment, liabilities, ongoing maintenance efforts, cost, and funding options. Public comment: Celia Pugliese appreciated this initiative from Council Member Danko to maintain the canals. Ms. Pugliese shared that the canals are the marine open door to Palm Coast and asked Council to consider creating jobs and do our own dredging. Additionally, Ms. Pugliese did not support a special assessment for the homeowners and stated that this is the same as Stormwater dredging for the whole City. Michael Arnold discussed funding options for the project. Jeffrey Seib anything not getting periodic attention falls to disrepair, true of the canals. Remedies needed so we do not have to go through this again. Bulk heads in need of repair, street drainage flowing directly into the canal contributing to the canal pollution. Mr. Seib also discussed option for special districts and split of costs. Need to do something sooner rather than later. Gary Kunnas shared that he doesn't think we need to do wall to wall dredging and supports center line dredging. We are already paying a horrendous amount in taxes. That money should be sufficient to cover the expenses. Alan Lowe shared about Cape Coral ongoing maintenance for saltwater canals and provided information to Council which is attached to these minutes. Mr. Lowe spoke of a local dredging company that is willing to provide advice. Preliminary estimate he received was $25,000. Property liability- Cape Coral stays 20 ft away from sea walls. Center line dredge eliminates as best you can the issue of liability and resident permission. Mr. Lowe shared that he will reach out to get additional pricing to share with Council. Mark Lewis shared support for the dredging project and asked Council a question regarding funds moved from Stormwater for the Public Works facility. Can those funds be used for dredging? Mr. Lewis shared support for center line dredging. Council held discussion on funding and grants, environmental protection, and creating a maintenance plan. City Attorney Neysa Borkert was asked to review potential liabilities and report them to Council. RESOLUTIONS 6 RESOLUTION 2022-23 APPROVING NAMING TWO PUBLIC FACILITIES Pass Motion made to approve by Vice Mayor Branquinho and seconded by Council Member Barbosa Approved - 5 - Mayor David Alfin, Vice Mayor Eddie Branquinho, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas City Attorney Neysa Borkert read the title into the record. Lauren Johnston, Chief of Staff, provided a background of the item to Council. Council Member Klufas shared support and thanked staff. Vice Mayor Branquinho clarified the Resolution. Mayor Alfin asked about project expense to fulfil the requirements for approved names. Council Member Barbosa- do you have the costs? Ms. Johnston provided additional information. Public Comment: Jill Reynolds shared with Council information about Shirley Chisholm. Democratic Women's Club would like to donate the plaque. Nonpartisan project that brings recognition to the City and Ms. Chisholm. Trish Lynette shared support for the Chisholm renaming application. Gina Barclay Mclaughlin supported the item. She was a leader, she was inspiring, committed to young people and an amazing human being. Jeffrey Seib spoke in favor of the Chisholm application. Mr. Seib stated that Ms. Chisholm lived a life of service and left a transformative legacy. Mr. Seib shared quotes from Ms. Chisholm. Sherry sanders stated that Ms. Chisholm was a trail blazing figure and urged Council to consider the monument she deserves. Sonya White, representing Flagler County NAACP, asked Council to consider the application before them. Recognize this wonderful woman and her contributions. Thank you for your consideration and review. Peter Schombs spoke about the impact that Mr. Doug Berryhill had in the community and with the league. Mr. Schombs shared about the purpose for the field selection and the hope that future generations will know where the league started and where they strive to go in the future. Sims Jones shared support for the Chisholm renaming application and shared about the impact Ms. Chisholm had during his youth. Tiffany Schmitt and her son Nolan spoke of the impact Mr. Berryhil had on them and supported the Berryhill naming application. Joe Dig, coach for 8 years for Palm Coast Little League stated that Mr. Berryhill had a tremendous impact on so many kids and showed support for the Berryhill application. Ralph Lightfoot shared support for both applications. African American Cultural Society shares strong support for the Chisholm application. Margo Jones stated that she supports excellence in African American women, including Shirley Chisholm. Council held brief discussion on the applications. Council recessed at 12:46 p.m. 7 RESOLUTION 2022-25 APPROVING A POLICY FOR ELECTED OFFICIALS REGARDING PUBLIC RECORDS, AND USE OF EMAIL, TEXTING, SOCIAL MEDIA, AND CITY-ISSUED DEVICES Council reconvened at 1:09 p.m. City Attorney Neysa Borkert read the title into the record. Virginia Smith, City Clerk, presented the item to Council. Topics presented included Procedures, City Issued Devices, Social Media, Best Practices and Guidance. Council held discussion on acceptance of the device, security, current retention practices, violations, social media best practices, device damage, cost, and background of this item. Mayor Alfin asked staff to come back to Council with the social media best practices at a future workshop meeting. Public Comment: Sims Jones asked if the devices have tracking, and if so, will the information be available in a Public Record? Mr. Akins, Director of Information Technology, responded regarding the location services and Ms. Borkert provided additional response regarding the public records. Motion by Council Member Danko, seconded by Council Member Klufas, to amend the language restricting personal devices. Public comment: There were none. Mayor Alfin called for a rollcall vote. Motion passed 4-1. Pass Motion made to approve as amended by Council Member Klufas and seconded by Council Member Barbosa Approved - 4 - Mayor David Alfin, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas Denied - 1 - Vice Mayor Eddie Branquinho 8 RESOLUTION 2022-21 APPROVING A BUDGET AMENDMENT FOR THE FY 2021- 2022 RELATING TO THE APPROPRIATION OF FUNDS TO THE CAPITAL PROJECTS FUND FOR THE PUBLIC WORKS FACILTIY Pass Motion made to approve by Vice Mayor Branquinho and seconded by Council Member Barbosa Approved - 5 - Mayor David Alfin, Vice Mayor Eddie Branquinho, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas City Attorney Neysa Borkert read the title into the record. Helena Alves, Director of Financial Services, provided a brief background of the item and was available for questions. Public Comment: There were none. 9 RESOLUTION 2022-24 PIGGYBACKING THE PALM BAY CONTRACT WITH STANTEC CONSULTING SERVICES, INC., FOR THE UTILITY RATE STUDY Pass Motion made to approve by Vice Mayor Branquinho and seconded by Council Member Barbosa Approved - 5 - Mayor David Alfin, Vice Mayor Eddie Branquinho, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas City Attorney Neysa Borkert read the title into the record. Mr. Flangan and Andrew Burnham were available for questions. Mr. Flangan provided the benefits of the study to Council, and Mr. Burnham provided additional benefits and process to Council for the proposed study. Vice Mayor Branquinho shared about a meeting he had with staff regarding the proposed study. The piece that changed his mind is that if we don't do the study, it might impact our bond rating. Public Comment: There were none. 10 RESOLUTION 2022-22 APPROVING THE ADDENDUM TO THE RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT WITH WASTE PRO OF FLORIDA, INC Pass Motion made to approve by Council Member Barbosa and seconded by Council Member Danko Approved - 4 - Vice Mayor Eddie Branquinho, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas Denied - 1 - Mayor David Alfin City Attorney Neysa Borkert read the title into the record. Cynthia Schweers, Director of Citizen Engagement, presented the item to Council. Allison Trulock of Newgen Solutions was also available. Topics presented included efforts to date, results of procurement process, and negotiations update for one year extension. Council held a lengthy discussion on the length of time since the last price increase, material and labor cost increases, bid process, possibility of in-house sanitation department, cost increase compared to other municipalities, commercial pickup, and future bid process and pricing. Public Comment: Greg Blose, President of the Palm Coast-Flagler Regional Chamber of Commerce, shared support for the WastePro staff and encouraged Council to accept the one year addendum. OTHER BUSINESS 11 DISCUSSION-FINDINGS FOR THE REQUEST FOR QUOTE FOR THE EXECUTIVE SEARCH FIRM FOR THE CITY MANAGER POSITION Mayor Alfin provided a background of the item and made a motion to appoint Denise Bevan as City Manager. Additionally, the motion included appointing a member of City Council to work through contract negotiations. The motion was seconded by Council Member Barbosa. Council Member Danko asked if Ms. Bevan wants the job. Ms. Bevan replied yes. Council Member Danko shared support for the motion. Council Member Barbosa supported hiring from within the organization. Council Member Klufas stated that he has continued faith in Ms. Bevan’s leadership. Public comment: Jean Down shared that he doesn’t think there is anyone more qualified or dignified to be City Manager. Vice Mayor Branquinho called for a roll call vote. The motion passed 5-0. Mayor Alfin made a motion for one member of City Council be appointed to work as necessary, with the City Attorney and City Clerk, to engage in negotiations and bring back a contract to Council for its final review and approval. City Attorney Neysa Borkert shared additional information about the role of the appointment with Council. Council Member Barbosa provided a second for the motion. Public comment: There were none. Council Member Barbosa suggested reviewing information from other cities. Details of the motion were clarified. Council Member Barbosa made a motion to appoint Mayor Alfin as the Council Member to assist with contract negotiations for the City Manager. The motion was seconded by Council Member Klufas. Public Comment: There were none. Vice Mayor Branquinho called for a roll call vote. The motion passed 5-0. 12 APPOINT ONE MEMBER TO THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD TO FILL A VACANCY FOR DISTRICT 3 Pass Motion made to approve by Council Member Barbosa and seconded by Council Member Klufas Approved - 5 - Mayor David Alfin, Vice Mayor Eddie Branquinho, Council Member Victor Barbosa, Council Member Ed Danko, Council Member Nick Klufas Virginia Smith, City Clerk, shared a background of the item. Mayor Alfin asked if staff has spoken to the applicant about serving for an extended period of time. Ms. Smith responded that the term is through September 2022. Public Comment: There were none. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA The Council Members congratulated Ms. Bevan. Council Member Barbosa stated his intent to run for re-election. Mayor Alfin thanked staff for their efforts. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA No further comments. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. There were none. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA Ms. Bevan shared that she is eager to get started in her role from interim to City Manager and reported emergency and sole source purchases.Ms. Bevan also reminded Council and the public about a public meeting that evening regarding Whiteview Parkway. 13 REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR JANUARY 2022 ADJOURNMENT The meeting was adjourned at 2:52 p.m. Respectfully submitted by: Kaley Cook, Deputy City Clerk

Agenda

City of Palm Coast City Hall 160 Lake Avenue Agenda Palm Coast, FL 32164 www.palmcoastgov.com COUNCIL BUSINESS MEETING Mayor David Alfin Vice Mayor Eddie Branquinho Council Member Victor Barbosa Council Member Ed Danko Council Member Nick Klufas Tuesday, February 15, 2022 9:00 AM COMMUNITY WING City Staff Denise Bevan, Interim City Manager Neysa Borkert, City Attorney Virginia A. Smith, City Clerk • Public Participation shall be in accordance with Section 286.0114 Florida Statutes. • Other matters of concern may be discussed as determined by City Council. • If you wish to obtain more information regarding the City Council’s agenda, please contact the City Clerk's Office at 386-986- 3713. • In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting. • City Council Meetings are streamed live on YouTube at https://www.youtube.com/user/PalmCoastGovTV/live. • All pagers and cell phones are to remain OFF while City Council is in session. CALL TO ORDER PLEDGE OF ALLEGIANCE TO THE FLAG ROLL CALL PUBLIC PARTICIPATION Public Participation shall be held in accordance with Section 286.0114 Florida Statutes. And pursuant to the City Council’s Meeting Policies and Procedures: (1) Each speaker shall at the podium, provide their name and may speak for up to 3 minutes. (2) The Public may provide comments to the City Council relative to matters not on the agenda at the times indicated in this Agenda. Following any comments from the public, there may be discussion by the City Council. (3) When addressing the City Council on specific, enumerated Agenda items, speakers shall: (a) direct all comments to the Mayor; (b) make their comments concise and to the point; (c) not speak more than once on the same subject; City of Palm Coast Created on 2/14/22 (d) not, by speech or otherwise, delay or interrupt the proceedings or the peace of the City Council; (e) obey the orders of the Mayor or the City Council; and (f) not make any irrelevant, impertinent or slanderous comments while addressing the City Council; which pursuant to Council rules, shall be considered disorderly. (4) Any person who becomes disorderly or who fails to confine his or her comments to the identified subject or business, shall be cautioned by the Mayor and thereafter must conclude his or her remarks on the subject within the remaining designated time limit. Any speaker failing to comply, as cautioned, shall be barred from making any additional comments during the meeting and may be removed, as necessary, for the remainder of the meeting. MINUTES 1 MINUTES OF THE CITY COUNCIL: FEBRUARY 1, 2022 BUSINESS MEETING FEBRUARY 8, 2022 WORKSHOP MEETING PRESENTATIONS AND PROCLAMATIONS 2 PROCLAMATION - FEBRUARY AS RARE DISEASE DAY 3 PRESENTATION - MAYOR'S 30/30 4 PRESENTATION-CAREERSOURCE FLAGLER VOLUSIA 5 PRESENTATION OF SALTWATER CANAL CONSULTANT SELECTION PROCESS OVERVIEW RESOLUTIONS 6 RESOLUTION 2022-XX APPROVING NAMING TWO PUBLIC FACILITIES 7 RESOLUTION 2022-XX APPROVING A POLICY FOR ELECTED OFFICIALS REGARDING PUBLIC RECORDS, AND USE OF EMAIL, TEXTING, SOCIAL MEDIA, AND CITY-ISSUED DEVICES 8 RESOLUTION 2022-XX APPROVING A BUDGET AMENDMENT FOR THE FY 2021-2022 RELATING TO THE APPROPRIATION OF FUNDS TO THE CAPITAL PROJECTS FUND FOR THE PUBLIC WORKS FACILTIY 9 RESOLUTION 2022-XX PIGGYBACKING THE PALM BAY CONTRACT WITH STANTEC CONSULTING SERVICES, INC., FOR THE UTILITY RATE STUDY City of Palm Coast Created on 2/14/22 10 RESOLUTION 2022-XX APPROVING THE ADDENDUM TO THE RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT WITH WASTE PRO OF FLORIDA, INC OTHER BUSINESS 11 DISCUSSION-FINDINGS FOR THE REQUEST FOR QUOTE FOR THE EXECUTIVE SEARCH FIRM FOR THE CITY MANAGER POSITION 12 APPOINT ONE MEMBER TO THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD TO FILL A VACANCY FOR DISTRICT 3 DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA 13 REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR JANUARY 2022 ADJOURNMENT City of Palm Coast Created on 2/14/22 City of Palm Coast, Florida Agenda Item Agenda Date : February 15, 2022 Department Amount Item Key Account # Subject PROCLAMATION – FEBRUARY 28, 2022 AS RARE DISEASE DAY Presenter : Background : The National Organization of Rare Diseases (NORD) request the City proclaim February 28, 2022 as Rare Disease Day. Recommended Action : PROCLAIM FEBRUARY 28, 2022 AS RARE DISEASE DAY City of Palm Coast, Florida Agenda Item Agenda Date: February 15, 2022 Department PARKS & RECREATION Amount Item Key 13124 Account # Subject PRESENTATION - MAYOR'S 30/30 Presenter : Kim Brown, Recreation Supervisor-Marketing Background : The Mayor's 30/30 Fitness Challenge is a jumpstart to a healthy new year! Mayor Alfin invited all of Flagler County to join the competition to encourage the entire community to get active together! Participants could join a team or challenge themselves as a solo competitor, with the goal of moving for at least one mile per day for 30 days. 2022 is the fifth year the City of Palm Coast played host to the Mayor’s Fitness Challenge. The purpose of the Challenge is to encourage residents to embrace a healthy mindset as we enter a new year. Parks & Recreation encourages participation by offering a variety of programs and events that activate both mind and body. This year we brought back previous years’ activities including the Walks with Elected Officials and our Mayor’s Pickleball Tournament. We added in new activities, like a ruck with our local Army Recruiting Station and GoRuck rucking clubs. This year was unique in that we extended invitations to all of the communities in Flagler County. Flagler County Commissioners, as well as Mayors and administrators from Bunnell and Flagler Beach joined in our Wednesday Walks, which we hosted at parks throughout the County. Community partners like AdventHealth also joined in the fun by hosting an event at their hospital’s nature trail. The event also fosters collaboration between internal departments, with IT Research and Development, Community Development, and Public Information and Engagement all contributing to the Challenge. We are incredibly grateful for the enthusiastic participation of our Mayor and Council, employees, and, of course, the residents of Flagler County. Thank you for helping to make the 2022 Mayor’s 30/30 Community Fitness Challenge the most successful yet! Recommended Action : For presentation only. City of Palm Coast, Florida Agenda Item Agenda Date : February 15, 2022 Department Community Development Amount Item Key Account # Subject PRESENTATION-CAREERSOURCE FLAGLER VOLUSIA Presenter : Jason DeLorenzo, Chief Development Officer Background : CareerSource Florida is the statewide workforce policy and investment board of business and government leaders charged with guiding workforce development for the state of Florida. CareerSource Florida provides oversight and policy direction for talent development programs administered by the Department of Economic Opportunity, Florida’s 24 local workforce development boards and their 100 career centers. Our local workforce board, CareerSource Flagler Volusia, connects employers with qualified, skilled talent and Floridians with employment and career development opportunities to achieve economic prosperity. Robin King became the President & CEO of CareerSource Flagler Volusia in 2013, after a 24- year tenure with the organization. Robin rose to the leadership role after holding a series of key positions, including Vice President for eight years. Her experience includes project management and analysis, grant writing, procurement, leadership and economic and community development. Ms. King, will provide a presentation on the services offered by CareerSource Flagler Volusia for employers, job seekers and employee training. Recommended Action : FOR PRESENTATION ONLY. City of Palm Coast, Florida Agenda Item Agenda Date: February 15, 2022 Department STORMWATER Amount Item Key 13138 Account Subject PRESENTATION OF SALTWATER CANAL CONSULTANT SELECTION PROCESS OVERVIEW Presenter : Carl Cote Background : Presentation to give an overview of the consultant selection process for the saltwater canal dredging study. Recommended Action : FOR PRESENTATION ONLY City of Palm Coast, Florida Agenda Item Agenda Date : February 15, 2022 Department PARKS & RECREATION Amount Item Key Account # Subject RESOLUTION 2022-XX APPROVING NAMING TWO PUBLIC FACILITIES Presenter : Lauren Johnston, Chief of Staff Background : On September 21, 2021, City Council adopted Resolution 2021-130, Adopting Guidelines And Procedures For The Official Naming Of Public Facilities. The City received two separate requests from Palm Coast organizations to name two City owned public facilities for Council consideration. Shirley Chisolm Trail: The Democratic Women’s Club of Flagler County is requesting to name Pine Lakes Trail in honor of Ms. Shirley Chisholm. Ms. Chisolm resided in Palm Coast from 1991 until 2005. She was the First African American women to win a seat in Congress in 1968 and retired from Congress in 1983. Pine Lakes Trail will be known as the Shirley Chisolm Trail along with a commemorative plaque placed on the trail. The Democratic Women’s Club has submitted an application to the City for review. Upon review and approval by the City it moved onto the Beautification Advisory Committee. Committee members voted to recommend this request go in front City Council for approval. Palm Coast Little League: Palm Coast Little League is requesting to rename Baseball Field 6 at Indian Trails Sport Complex in honor of Doug Berryhill. Mr. Berryhill has been a member of Palm Coast Little League since 2008. Mr. Berryhill was a coach for 14 years, and he also served on the board for 8 years. Palm Coast Little League has submitted their application to the City for review. Upon review and approval by the City it moved onto the Beautification Advisory Committee. Committee members voted to recommend to this request go in front of City Council for approval. The Beautification and Environmental Committee met on January 27, 2022 and unanimously approved (vote of 5 to 0) both nomination requests. Recommended Action : ADOPT RESOLUTION 2022-XX APPROVING NAMING TWO PUBLIC FACILITIES City of Palm Coast, Florida Agenda Item Agenda Date : February 15, 2022 Department PARKS & RECREATION Amount Item Key Account # Subject RESOLUTION 2022-XX APPROVING NAMING TWO PUBLIC FACILITIES Presenter : Lauren Johnston, Chief of Staff Background : On September 21, 2021, City Council adopted Resolution 2021-130, Adopting Guidelines And Procedures For The Official Naming Of Public Facilities. The City received two separate requests from Palm Coast organizations to name two City owned public facilities for Council consideration. Shirley Chisolm Trail: The Democratic Women’s Club of Flagler County is requesting to name Pine Lakes Trail in honor of Ms. Shirley Chisholm. Ms. Chisolm resided in Palm Coast from 1991 until 2005. She was the First African American women to win a seat in Congress in 1968 and retired from Congress in 1983. Pine Lakes Trail will be known as the Shirley Chisolm Trail along with a commemorative plaque placed on the trail. The Democratic Women’s Club has submitted an application to the City for review. Upon review and approval by the City it moved onto the Beautification Advisory Committee. Committee members voted to recommend this request go in front City Council for approval. Palm Coast Little League: Palm Coast Little League is requesting to rename Baseball Field 6 at Indian Trails Sport Complex in honor of Doug Berryhill. Mr. Berryhill has been a member of Palm Coast Little League since 2008. Mr. Berryhill was a coach for 14 years, and he also served on the board for 8 years. Palm Coast Little League has submitted their application to the City for review. Upon review and approval by the City it moved onto the Beautification Advisory Committee. Committee members voted to recommend to this request go in front of City Council for approval. The Beautification and Environmental Committee met on January 27, 2022 and unanimously approved (vote of 5 to 0) both nomination requests. Recommended Action : ADOPT RESOLUTION 2022-XX APPROVING NAMING TWO PUBLIC FACILITIES City of Palm Coast, Florida Agenda Item Agenda Date : February 15, 2022 Department CITY CLERK Amount Item Key 13041 Account # Subject RESOLUTION 2022-XX APPROVING A POLICY FOR ELECTED OFFICIALS REGARDING PUBLIC RECORDS, AND USE OF EMAIL, TEXTING, SOCIAL MEDIA, AND CITY-ISSUED DEVICES Presenter : Virginia Smith, City Clerk Background : As the City continues to grow, it is imperative to maintain the City’s records in accordance with State and local laws. In order to assist in maintaining records, staff is presenting a policy for the City’s elected officials relating to public records, use of email, texting, social media and City- issued devices. The proposed policy will provide guidance to Council on the use of the city-issued cell and personal device use. The City will supply and maintain all Apps and records associated with the city-issued cell. The city-issued cell phone must be returned to the City upon the end of the Council Members term. The city-issued cell phone is for official City business and shall not be used for personal use. Currently, City Council each receives a stipend of $35 per pay period for use of their personal cell phones. This stipend will cease upon issuance of the city-issued cell phone to Council. Staff will be reaching out to City Council to set up appointments for delivery and training within the next month. Recommended Action : ADOPT RESOLUTION 2022-XX APPROVING A POLICY FOR ELECTED OFFICIALS REGARDING PUBLIC RECORDS, AND USE OF EMAIL, TEXTING, SOCIAL MEDIA, AND CITY-ISSUED DEVICES City of Palm Coast, Florida Agenda Item Agenda Date : February 15, 2022 Department FINANCE Amount $2,500,000 Item Key 13126 Account Fund 1001 & Fund 4300 Subject RESOLUTION 2022-XX APPROVING A BUDGET AMENDMENT FOR THE FY 2021-2022 RELATING TO THE APPROPRIATION OF FUNDS TO THE CAPITAL PROJECTS FUND FOR THE PUBLIC WORKS FACILITY. Presenter : Helena Alves, Finance Director Background : At the February 8, 2022 workshop, Council was presented with an update on the Public Works Master Plan and additional funding was determined to be available to allocate to the project. In order to proceed, a budget amendment is required to appropriate funds from the General Fund and assign to the Capital Projects Fund for the purpose of funding the design and build of the approved Public Works Facility Capital Project. Recommended Action : ADOPT RESOLUTION 2022-XX APPROVING A BUDGET AMENDMENT FOR FISCAL YEAR 2022 RELATING TO THE GENERAL FUND AND CAPITAL PROJECTS FUND City of Palm Coast, Florida Agenda Item Agenda Date : February 15, 2022 Department UTILITY Amount $149,948 Item Key 13101 Account # 54019099 034000 Subject RESOLUTION 2022-XX APPROVING PIGGYBACKING THE PALM BAY CONTRACT WITH STANTEC CONSULTING SERVICES, INC. FOR THE UTILITY RATE STUDY Presenter : Steve Flanagan Background : COUNCIL PRIORITY: D4- Service Delivery and Efficiency: Continue to implement water and wastewater utility improvements to harden facilities to mitigate the impacts of flooding and other hazards. UPDATED BACKGROUND FROM THE FEBRUARY 8, 2022 WORKSHOP. This item was heard by City Council at their February 8, 2022 workshop. There were no changes suggested to this item. ORIGINAL BACKGROUND FROM THE FEBRUARY 8, 2022 WORKSHOP The City of Palm Coast will perform utility rate studies every three to five years. These studies are usually performed within this time frame to keep up with the changes that occur in the operation, growth changes, material cost changes, labor rates, equipment costs as well as maintenance and other factors. Rate studies are performed to assure that the studied entity will be sustainable over time to cover operating costs, capital improvements costs, stay within financial policies and cover debt payments with a reserve for emergencies. Much information goes into this evaluation, and ultimately, the result is derived from all the information that goes into the study. Based on the current economic factors changing much of how our economy functions, such as COVID impact, supply chain issues, labor shortages and the fact that our past few studies have not been of the most comprehensive nature, we are proposing a more thorough study at this time. Staff has reviewed Stantec Management Consulting in Florida and found them to be extremely knowledgeable in this field and thus the city staff recommends utilizing Stantec’s services to provide the Utility Rate Study. City staff is recommending piggybacking the Palm Bay contract RFP 48-0-2017/SB with Stantec Consulting Services, Inc. through 07/17/2022 for the Utility Rate Study. Piggybacking existing competitively bid contracts is considered to be advantageous because we can immediately leverage the competitively awarded contract prices without the need to go out for a time- consuming formal bid, wait for the bids to come back and abstract the bids. By using this contract, we can save a significant amount of time compared to the typically lengthy process while still leveraging the best value of a competitively awarded agreement. The Fiscal Year 2022 Budget includes available funding appropriated by City Council for the Utility Rate Study. SOURCE OF FUNDS WORKSHEET FY 2022 UTILITYFND OTHER CONTRACTUAL SVCS 54019099 034000 $611,800.00 Total Expended/Encumbered to Date…………………………………………… 394,100.00 Pending Work Orders/Contracts………………………………………………. Current (WO/Contract).…………………………………………………………. 149,948.00 Balance…………………………………………………………………………. $67,752.00 Recommended Action : ADOPT RESOLUTION 2022-XX APPROVING PIGGYBACKING THE PALM BAY CONTRACT WITH STANTEC CONSULTING SERVICES, INC. FOR THE UTILITY RATE STUDY City of Palm Coast, Florida Agenda Item Agenda Date : February 15, 2022 Department CITIZEN ENGAGEMENT Amount Item Key Account # Subject RESOLUTION 2022-XX APPROVING THE ADDENDUM TO THE RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT WITH WASTE PRO OF FLORIDA, INC Presenter : Cynthia Schweers, Director of Citizen Engagement Background : City staff and NewGen Strategies & Solutions, which is currently the City’s solid waste consultant, will be presenting an update of the Residential Solid Waste Collection and Disposal Services. Attached is an addendum for a one year extension for Council’s consideration. Recommended Action : ADOPT RESOLUTION 2022-XX APPROVING THE ADDENDUM TO THE RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT WITH WASTE PRO OF FLORIDA, INC. City of Palm Coast, Florida Agenda Item Agenda Date : February 15, 2022 Department HUMAN RESOURCES Amount Item Key 13098 Account # Subject DISCUSSION-FINDINGS FOR THE REQUEST FOR QUOTE FOR THE EXECUTIVE SEARCH FIRM FOR THE CITY MANAGER POSITION Presenter : Renina Fuller, HR Director Background : At the January 11, 2022 Council Workshop Meeting, Council approved the Request for Quote (RFQ) for an Executive Search Firm for the City Manager position. The RFQ was posted on GovQuote for 14 days. Staff will provide a brief presentation on the quotes received. Staff serves as a resource and looks forward to Council’s direction on bringing in one or more companies for a brief presentation. Recommended Action : For Council discussion and direction. City of Palm Coast, Florida Agenda Item Agenda Date : February 15, 2022 Department Amount Item Key Account # Subject APPOINT ONE MEMBER TO THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD TO FILL A VACANCY FOR DISTRICT 3 Presenter : Virginia Smith, City Clerk Background : Pursuant to State law, the PLDRB is designated as the local Planning Agency. Responsibilities of the PLDRB include making recommendations to the City Council regarding the Comprehensive Plan, Land Development Code, and development applications. Further, the PLDRB acts as final authority (subject to appeal to the City Council) on special exceptions. Section 2-2(a)(5) of the City's Code of Ordinances provides, “In appropriate circumstances the City Council shall make every reasonable effort to ensure that City Council Districts are as equally represented as practicable; provided, however, that the City's local planning agency (Planning and Land Development Regulation Board) shall have at least one appointed from each City Council District.” Mr. DeMaria tendered his resignation to the City. Mr. DeMaria resides in District 3. The appointment made today will be to complete Mr. DeMaria’s term for District 3 which ends in September 2022. There was only one application received for District 3 from Christopher Gabriel. Advertisements were published multiple times in the News Tribune, the Palm Coast Observer, the City’s website and emailed to graduates of the Citizens’ Academy. Recommended Action : MOTION TO APPROVE APPOINTMENT OF ONE MEMBER TO THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD TO FILL THE VACANCY FOR DISTRICT 3 City of Palm Coast, Florida Agenda Item Agenda Date : February 15, 2022 Department FINANCE Amount Item Key 13137 Account # Subject REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR JANUARY 2022 Presenter : Denise Bevan, Interim City Manager Background : Attached is a list of all emergency and sole source purchases for January 2022, in accordance with Sec 2.25 of Chapter 2, Article 1 Division 3 of the Code of Ordinances of the City of Palm Coast (Procurement Policy). Recommended Action : FOR REPORTING ONLY - VIA CITY MANAGER COMMENTS City of Palm Coast, Florida Agenda Item Agenda Date : February 15, 2022 Department CITY CLERK Amount Item Key Account # Subject WORKSHEET Presenter : Virginia Smith, City Clerk Background : Recommended Action :

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